Defendant's case hits a judicial speed bump

Prosecutors seek court order that would limit access to some material

Robert Gavi, Times Union

By Robert Gavin

Published 9:22 pm, Thursday, March 20, 2014

Glendon Scott Crawford, 49, of Providence, New York leaves the Federal Courthouse in shackles after after his bail was revoked Thursday afternoon, June 20, 2013, in Albany, N.Y. (Skip Dickstein/Times Union archive)

Glendon Scott Crawford, 49, of Providence, New York leaves the...

Glendon Scott Crawford, 49, of Providence, New York leaves the Federal Courthouse in shackles after after his bail was revoked Thursday afternoon, June 20, 2013, in Albany, N.Y. (Skip Dickstein/Times Union archive)

Glendon Scott Crawford, 49, of Providence, New York leaves the...

Eric J. Feight, 54, of Stockport, New York leaves the Federal Courthouse in shackles after his bail was revoked Thursday afternoon, June 20, 2013, in Albany, N.Y. (Skip Dickstein/Times Union archive)

A reputed Ku Klux Klansman from Saratoga County who is facing terrorism-related charges might have a new legal roadblock. In a dilemma most defendants do not face, Glendon Scott Crawford may not be allowed to review key details prosecutors know about his case unless his lawyer is present, which may not be easy to arrange.

Federal prosecutors in Albany want U.S. District Court Chief Judge Gary Sharpe to issue an order preventing Crawford, now in the Washington County jail, from having access to the discovery material unless his attorney is with him.

Crawford is accused of assembling what he believed was a weapon capable of silently murdering intended victims — such as Muslims. He is charged with providing material support to terrorists.

"I think in the context of the nature of the case, this would not be an uncommon request," Executive Assistant U.S. Attorney John Duncan said. "I think if you look at other cases that may have restricted or sensitive material in the realm of terrorism, this would not be an uncommon request."

The request by U.S. Attorney Richard Hartunian's office comes as Crawford's trial is tentatively set to begin on April 29 before Sharpe, although it could be pushed back.

The prosecution made its request to Sharpe on March 11.

"The defendant shall have access to the material in the presence of defense counsel, who shall retain possession of the original and only hard copy of the discovery material," a proposed judicial order, submitted by prosecutors, states.

If Sharpe agrees to issue the proposed order, Crawford could not review potentially voluminous pre-trial material unless his lawyer, Kevin Luibrand, is with him.

Under the government's proposed order, the discovery material could only be disseminated to people involved in the case and members of the defense team, all of whom would have to sign a statement complying with the order.

The discovery material would be maintained and made available at Hartunian's office or the FBI's Albany office.

Asked about the government's proposed order, Luibrand said: "We will respond to the motion in proper course."

Citing safety concerns, prosecutors additionally want Sharpe to block details about the weapon — allegedly described by Crawford as "Hiroshima on a light switch" — to anyone outside the defense team.

Prosecutors previously said Crawford's would-be terror weapon was to be put inside a van where it would emit X-ray radiation. Targeted victims would not know for days that they had been harmed by the radiation.

"Limiting dissemination of details of the weaponized, mobilized and remotely controlled radiation-emitting device designed to kill or seriously injure unsuspecting human targets also has underlying reasons that are readily apparent — protecting public safety and reducing the likelihood of similar attempts by others," wrote Assistant U.S. Attorneys Stephen Green and Richard Belliss, who are prosecuting the case.

Their proposed judicial order would block all attorneys from disclosing "any information concerning the particulars of the radiation-emitting device and/or remote initiation in this case to lay witnesses."

They also want the judge to block attorneys from disclosing any information about the undercover agents who played a key role in the investigation against Crawford and his former codefendant, Eric Feight, who Crawford knew from his mechanic job at General Electric Co. in Schenectady.

Feight, who prosecutors say designed and built the weapon, has since pleaded guilty to providing material support to terrorists.

Feight's plea deal stated that Crawford's "intended targets were Muslims, Muslim-related organizations and persons Crawford believed were contributing to the demise of the United States."

Authorities say Crawford visited Congregation Gates of Heaven in Schenectady and called the Jewish Federation of Northeastern New York to speak to somebody interested in financing technology to defeat supposed enemies of Israel. They say he later scouted an Albany mosque and an Islamic center in Schenectady as "viable" targets for his X-ray device.

The alleged plot was ended when the would-be financiers contacted Albany police, who contacted the FBI.